Russell v. Wilber
Appellate Division of the Supreme Court of the State of New York
Appeal .by the plaintiff, Solomon W. Russell, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 25th day of November, 1911, upon the decision of the court rendered after a trial at the Warren Special Term sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Betts, J.:
The complaint herein alleges a sale by plaintiff to defendant of a bill of lumber on August 27, 1910, amounting to $946.61, for which defendant agreed to pay that amount and that no part thereof has been paid except the sum of $65 in the way of services in "drawing and loading the lumber; that to induce plaintiff to sell to defendant said lumber the “ defendant falsely and fraudulently represented to plaintiff that he was the owner in his own name of several thousand dollars worth of real estate in the City of Troy, and in the town of Tinmouth, Vermont; that it was wholly…
2Cases cited3 opinions
- Equitable Co-Operative Foundry Co. v. HerseeNew York Court of Appeals · 1886
- Hays v. . MidasNew York Court of Appeals · 1887
- Albany Hardware & Iron Co. v. DayAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Yarter v. WalcottAppellate Division of the Supreme Court of the State of New York · 1914